UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY
v.
ENDRINA MARIA MONTILVA DAVILA AND RAFAEL MOLINA
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Section 627.70152, Florida Statutes, requires dismissal without prejudice of insurance litigation when the insured fails to provide written notice of intent to litigate to the Department of Financial Services at least ten business days before filing suit, and this requirement applies to policies in existence on the statute's effective date regardless of when the policy expires.
[1] Section 627.70152, Florida Statutes, requiring written notice of intent to litigate to the Department of Financial Services applies to insurance policies in existence on…
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Join FLexlaw to unlock all legal intelligenceHomeowners Endrina Maria Montilva Davila and Rafael Molina sued Universal Property & Casualty Insurance Company on a claim relating to a policy that e…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant,
V.
ENDRINA MARIA MONTILVA DAVILA and RAFAEL MOLINA, Appellees.
No. 4D2025-0848
[July 22, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; William W. Haury, Jr., Judge; L.T. Case No. 062022CA000514AXXXCE.
Kara Rockenbach Link and David A. Noel of Link & Rockenbach, PA, West Palm Beach, for appellant.
Paul B. Feltman of Alvarez, Feltman, Da Silva & Costa, PL, Miami, for appellees.
PER CURIAM.
Universal Property & Casualty Insurance Company appeals a final judgment awarding $139,560.58 to homeowners, Endrina Maria Montilva Davila and Rafael Molina. After the homeowners filed a lawsuit against Universal, Universal moved to dismiss pursuant to section 627.70152, Florida Statutes (2021). Universal argued the homeowners failed to provide the Department of Financial Services with written notice at least ten business days before filing the lawsuit as required by section 627.70152.
That statute, amended on July 1, 2021, mandates that a trial court dismiss, without prejudice, any lawsuit relating to a claim for which notice of intent to litigate was not given. In Cole v. Universal Property & Casualty Insurance Co., 363 So. 3d 1089, 1091 (Fla. 4th DCA 2023), we held that the amendments effective on July 1, 2021 applied to policies in existence on that date. The homeowners argue Cole does not apply because the policy at issue expired one month prior to the statute's effective date. We previously rejected this argument. See Universal Prop. & Cas. Ins. Co. v.
Griffin, 51 Fla. L. Weekly D352 (Fla. 4th DCA Feb. 25, 2026). We are bound to follow Cole and Griffin, and reverse the circuit court's final judgment.
On remand, the circuit court shall dismiss the case without prejudice.
Reversed.
KUNTZ, C.J., SHEPHERD and LOTT, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cole v. Universal Prop. & Cas. Ins. Co., 363 So. 3d 1089 (Fla. 4th DCA 2023)
- Universal Prop. & Cas. Ins. Co. v. Jada Griffin (Fla. 4th DCA 2026)